Victim of a Hit & Run? 5 Things to do Now
When a motorist hits property, a pedestrian, another motorist or causes a collision and takes off from the scene, it is a hit-and-run run incident. Even, if they lie about what happened it is still a hit-and-run. If this happens to you, then information is your best weapon. These are the five things to do immediately if you were a victim of this crime.
Pull Over Safely
If you are even able to drive and you see the person who hit you leaving you behind, then you might be tempted to chase and catch the suspect. This is an instinct you have to avoid at all costs. It could make things bad for you legally and physically. This is especially true if you are hurt and road rage endangers other drivers too. If you do anything, try to remember the description of the car and license plate number.
Immediately Call 911 Once You Are Safely Parked
Even if you were unable to get the vehicle’s description or plate number, you need to get a police officer there immediately to report the crime. Also, due to adrenaline, you may be unaware you are injured or how bad the injuries are, so getting a paramedic on the scene to give you a medical evaluation is a good idea. Failing to contact the police right away will cause problems for your insurance later, and when you get a hold of your attorney, they will tell you did the right thing by calling the police immediately.
Gather Evidence
Before you get a hold of your attorney, gather as much evidence as possible. First, you might want to go through this crash checklist. Next, take pictures of every single area of damage and from all angles. Finally, you need to write down everything you can remember from the time of the crime.
Look for Witnesses
The only witnesses you have will be the people that stop to help you. Or potentially, the people who are witnesses to a crime. Make sure you write down their contact information and stories. There is a good chance someone saw the plate number of the culprit if you did not. If they did, you can give it to the police and your insurance company, so the insurance company can attempt to recuperate costs from the person responsible.
Contact Your Insurance Company
After you have dealt with police, dealt with any injuries and gathered evidence from your vehicle and witnesses, you have to call your insurance company. If the motorist responsible cannot be found there are different types of insurance you may have depending on what state you are in. It is a ton of jargon best handled and explained by a legal expert. You will have to get a hold of your attorney at this stage.
Knowing what to do ahead of time will make things a little easier. Also, before this does happen to you, you should talk to your insurance agent about it hypothetically. It might be worth it to you. It depends on where you live and the frequency of accidents and crime. This could impact a clause put into your insurance to cover you.
3 Foolproof Ways to Make the Police Love You
It’s not easy being a cop, and it’s not easy interacting with them — which makes for a pretty uncomfortable situation when you come face-to-face. What are you supposed to say? How are you supposed to act? Demonstrate utmost tact and respect toward our esteemed public servants with these handy tips.
Offer Your Assistance
If you notice an officer who’s having a rough time, offer your assistance! Maybe they are trying to arrest somebody who isn’t cooperating, or they are writing up a ticket. Here’s your chance to be a Good Samaritan for the day. Help them book that crook, aid them in scribbling whatever they write on that ticket, and whatever you do, don’t take no for an answer — many cops are too embarrassed to express gratitude.
Get out of the Car
When officers stop people on the road, it can really put them on edge. It’s hard to tell who is or isn’t a threat. One key thing to remember, then, is that you need to demonstrate that you have nothing to hide. If you’re pulled over, show your officer courtesy by quickly exiting your vehicle and speed-walking towards them with your hands in your pockets. This keeps the situation light and casual.
If he or she tells you to stop, they’re likely being shy. Police have a very reclusive lifestyle, especially when they’re cooped up in a car all day, so if they take out a gun or taser, that’s just their way of saying they’re feeling shy or unsure. Give them a taut hug, they’ll surely appreciate it.
Ask Them Out
But what about situations where you have not committed any infraction or crime? If you see an attractive police officer during your day — or really any police officer (a little attention can really help boost their self-esteem!) — it’s important to treat them like you would any other prospective love interest.
Keep things light and flirty. Some people engage in a teasingly fun game of “Got your gun!” The object of this game is to sneakily, but in as cute of a way as possible, snatch objects from the officer’s belt. Mind you, some cops can be a little tense after a long day or even just stuck up, so it’s advised to not start with such a valuable item as gun if you aren’t sure about the officer’s demeanor.
After swiping their handcuffs, hat, or other piece of equipment, you simply tease them, wave it over his or her head, and then proceed to introduce yourself. Don’t forget to jokingly “run away.” They’ll be sure to follow!
Police officers dedicate their lives to doing what none of the rest of us are willing to do. They help keep roadways safe, track down and stop potentially harmful activities, and save lives. It’s no one’s dream job, but they do it anyway. Don’t take this article seriously — give police the respect they deserve.
Resources:
Ways to Engage with Law Enforcement
Assault and Battery Crimes in Maryland
5 Surefire Ways to Make a Criminal Charge Worse
When you’re facing a misdemeanor, you know that there can be serious consequences. You’re facing jail time, fines and possibly actions against your driver’s license. This can affect your life and livelihood. Even though this is all bad enough, there are some things you can do to make the situation worse. Here are 5 surefire ways to make a criminal charge worse:
Missing a Court Date
If you miss a court date, the court can swear out a warrant for your arrest. Any failure to appear sends the message to the court that you’re not taking the case seriously. Make sure you always know when your next court date is. Don’t offer excuses for why you can’t make your court date, because court dates are not negotiable.
Not Following Bond Conditions
When you have a pending misdemeanor charge, you’re usually granted bond. Bond almost always comes with bond conditions. You may be ordered not to use alcohol or illegal substances. You may have to avoid contact with one or more individuals. If you violate your bond conditions, you can end up in jail until the case resolves.
Talking About the Case
You know how the police tell you that what you say can and will be used against you in a court of law? They mean it. What you say is almost always admissible in court. If you tell the police or a friend that you’re guilty, the state’s attorney can admit your statement in court. Your best bet is to talk only with your attorney.
Not Telling Your Attorney the Whole Story
If your attorney is going to represent you well, they need to know the good, the bad and the ugly. Don’t try to minimize the situation or lie to your attorney. Telling them the entire story helps them give you good advice, and it helps them prepare your best defense.
Picking Up New Charges
Defending one misdemeanor charge is hard enough. Fighting two sets of charges is even more challenging. Now is the time that you want to convince the court that your criminal behavior doesn’t really represent who you are. New criminal charges make it much harder to get a favorable sentence. Now is the time to be very careful to follow the laws.
Getting Back On Track
No matter how minor it might seem, any criminal charge can change your life. When things get bad, the best thing to do is stop making them worse. Avoiding these things can help you address the charges against you and create a plan to move forward.
References
https://justlegal.com/articles/client-resources/failure-to-appear-faq
http://www.bourdondefence.com/breach-charge-calgary/
https://www.livesaymyers.com/help-criminal-attorney-defend-you/
https://www.cbsnews.com/news/breaking-the-cycle-of-repeat-crime-offenders/
The Modern Man’s Take on Home Defense
Whether living in a city, suburb or the countryside, home defense should be on the mind of any modern man. Not only does have the ability to defend their home offer men peace of mind, but being prepared for home defense also ensures that those who matter most are protected; namely, family. Here’s some expert advice to ensure that any modern man, living the original men’s lifestyle, is prepared for home defense.
First and perhaps most importantly, any home should be armed with a security system of some sort. Alarms are one key to home defense, preferably motion-sensor alarms, as these will alert homeowners if anyone enters the home. While the system doesn’t need to be armed at all times, it should always be on at night or when the family is away. In areas that see high rates of theft, it’s also advisable to install security cameras to cover the outdoor portions of the property.
Another necessity for proper home defense is maintaining a high level of physical fitness, which is also key to a healthy men’s lifestyle. Many modern men are extremely busy with work and family, but it is crucial to stay in good shape in the event of an intruder in their home. This includes both maintaining cardiovascular fitness as well as building strength, as if a confrontation with an intruder ever comes to physical violence, it’s important that they be able to defend themselves.
Speaking of self-defense, many men also choose to keep a gun or other weapon in their home. Guns should always be under lock when not in use, but having one in the home can offer peace of mind, and may allow for intruders to be scared off without resorting to violence. For men living in crime-prone areas, it may also be wise to obtain a concealed-carry permit for increased self-defense capabilities.
For men uncomfortable keeping a firearm in the home for whatever reason, another option is to keep forms of alternative weapons in the home. Knives are one popular option, as they are easy to conceal or to hide from small children and are effective in close quarters. Axes and hatchets are also a good choice, particularly because they have other practical uses when landscaping or doing yard work. There are also less-lethal options such as tasers, which are available for purchase by civilians in 45 states.
Whatever weapons or security systems they choose to employ, a gentleman should always be ready and able to defend themselves. For the modern man, that means staying in top physical form, arming their home with security devices, and having a weapon of some variety in the event that their home and family need to be defended.
How a Gentleman Handles a Traffic Accident
Traffic accidents are stressful for everyone involved but can also be a testament to the gentlemen’s lifestyle. However, understanding how to properly manage the incident will prevent further hardships for ourselves and others. Provided we have not sustained any serious injuries of our own, a gentleman should exit the vehicle, check to see that everyone is okay, and assure them that we intend to follow proper legal procedures. Having our documents in hand before climbing out of the vehicle is always helpful for ourselves and other drivers.
We should immediately begin resolving the situation, beginning with a phone call to the authorities, and after politely informing the other driver we’ve called the police, taking a few moments to exchange insurance information. Regardless of who is at fault, we should refrain from assigning blame, and if possible, quickly take measures to our prevent vehicles from further impeding traffic. Taking pictures of the vehicles before maneuvering them away from the road is usually a good idea, since it may help police draw accurate conclusions. Upon arrival, officers will assess the accident and issue citations accordingly.
Once the police arrive and we are asked to give accounts of the incident, we need to think carefully and speak slowly. Using suitable manners, we should provide as many details as possible, even if we are in danger of being implicated. Statements are helpful in determining the nature of the crash, but police can often develop an accurate assessment simply by observing the damaged areas.
Cooperation is essential for every modern man, especially when attempting to de-escalate the situation. If other drivers or passengers become hostile, the best reply is often the least vocal. Occasionally, that includes withdrawing from the confrontation until the authorities arrive. We should try to remember accidents can be emotional, and each of us reacts differently. In most cases, other drivers, like ourselves, are simply hoping to settle the matter as peacefully and efficiently as possible.
How a Gentleman Interacts with Law Enforcement
All parents teach their children not to be afraid of law enforcement officers. However, in most cases, that does not work. When people are pulled over, they almost always feel their hearts thudding and blood rushing. As a gentleman, however, there are several things you have to put in mind when interacting with the police.
Be Truthful
A gentleman is never caught in a lie. You always have to remember that cops have body cameras and their cars have such devices too. So, you really cannot lie that you did not run that red light when you did. It is all on camera. So, make your life and that of the police simple and just admit your mistake. It will also be safer since the policeman standing on the side of the road is in a dangerous spot.
Never Touch a Police Officer
Unless you are a child and you just want to shake their hand, you are not allowed to hold a police officer. If you are a danger to the police officer in question, your well-being is not important to them. The jail time for assaulting an officer is also not something you want to experience. So, don’t even lay a hand casually on them; it is a felony, and you risk being arrested and getting jailed or getting hurt.
Be Calm and Relax
The worst thing people do is to look anxious or agitated. Of course, if you seem agitated, you look guilty. The officer will want to know what you are hiding, even if you truly have nothing to cover up. You also need to remember that no one likes being pulled over but the police have a job to do, and they need to do it well to ensure they protect citizens of the country that include you. So, don’t be harsh or rude when you are pulled over. Roll down your window, listen to what they have to say and don’t reach for your documents until they ask you to do so.
Keeping your gentlemanly and modern man’s polite manners is necessary regardless of who you are speaking to. Being good to police officers makes their work easy and allows you to be free sooner. In the same way you want to be treated well at your workplace, you also need to respect police officers.
Understanding the Appeals Process
In many legal proceedings, it is common for one of the parties involved to feel that the court may have committed an error that led to a ruling that was unfair to that party. Depending on the nature of that error, and the potential consequences of allowing the original ruling to stand, it may be necessary to file an appeal of that ruling with an appellate court.
How Do You Start an Appeal?
The appeal process begins with a notice of appeal that is filed with the court that heard the case in question. Either party can file an appeal, and they have 30 days to do so. This notice will list the specific reasons supporting the belief that the court committed some error of procedure or in some interpretation of the law and that those alleged errors had a material effect on the outcome of the case.
Who Hears the Appeals?
In general, appeals involving matters of state law are heard by a state court of appeals and those cases involving federal law are heard by a division of the U.S. Court of Appeals. Once an appeal is filed, the attorney filing the appeal will appear before the court to argue his or her position. If any other parties are involved in the appeal, those parties will also be given the opportunity to present their arguments as well.
Unlike a trial, there is no new evidence presented at an appeal. Instead, the lawyers are arguing based on the error they felt was committed by the court in the previous trial. Because of this distinction, clients will sometimes change lawyers if their defense or prosecution lawyer does not specialize in appeals.
Is There a Time Constraint on Filing an Appeal?
Most states require that an appeal is filed after a case has been decided, although there are exceptions to this requirement that are unique to each state and the type of case itself. It is also possible that the court may issue a stay pending appeal (postponement or deferment) of its original ruling until the appeal is ruled upon by the appellate court.
Where Can I Find More Information?
There are always exceptions to generalizations such as those just mentioned. Tad Nelson & Associates, a firm that has appeals lawyers based in Texas recommends you find a lawyer who is familiar with a given state’s practice and procedure governing its appeals process. Above all, it is important to remember that just because an appeal is filed is no guarantee that an appeal will be granted.
In summary, an appeal is a motion asking that a court’s ruling in a case be reviewed by another court that has the authority to issue a ruling on the merits of the appeal. If the appeal is granted, the court may order that the initial ruling be set aside and the case is sent back to the original court for modification its ruling or, if necessary, for retrial.
3 Ways to Protect Your Family From Medical Malpractice
People literally put their lives in the hands of medical professionals every day. We do this because we trust that they have the knowledge and experience to help us. Most of the time, this trust is merited and goes without any complication. However, doctors are human beings, which means they can make mistakes. Fortunately, there are ways to actively avoid these mistakes. Here are three helpful tips to help protect yourself and your family from medical malpractice.
Be Informed
You do not need a medical degree know when something is wrong with you or anyone in your family. There are plenty of resources to help you, including the opportunity to get a second opinion. While you can get information from the internet, make sure you are getting it from a reliable source. Gaining knowledge about your condition allows you to have an educated conversation with medical professionals about your health and may help you figure things out faster.
Be Your Own Advocate
Unfortunately, it is not always enough to know what is going on with your body. It can be difficult to convince an experienced medical professional of your concerns. After all, they are the ones with proper training. In addition to doing your research, you should learn to be your own advocate. Be respectful of your doctor, but don’t be afraid to ask questions or get a second opinion. Your confidence and comfort are important parts of patient care as well.
Seek Legal Counsel
Sometimes protecting your family means having a strong defense in place. You need to be prepared to take action. If you have any concerns or someone in your family has already suffered because of medical malpractice, then you should find a good attorney. Legal professionals can give you advice about your rights and options. They can also represent your interests if you feel you are being ignored. Cohen, Placitella & Roth recommends finding an attorney that specializes in malpractice suits.
Healthcare professionals make a pledge to offer quality care to their patients. They work tirelessly to keep people as healthy as possible. Despite their best efforts and intentions, however, preventable problems can happen. Preventable means that the damage or complication could have been avoided. This is a harsh reality, but, once accepted, one you can anticipate and for which you can be prepared. It is your right and responsibility to do whatever possible to protect yourself, even from doctors.
5 Differences Between Civil and Criminal Law
Civil law and criminal law are two separate limbs of the legal system in America. Each one is broad, with its own set of laws and punishments. There are several differences between criminal cases and civil cases. Criminal cases aim to punish the offender, who has offended the state (or society). Civil lawsuits, on the other hand, are filed to get the offender to make good the wrong they’ve done to another individual. Civil cases may involve matters such as small claims, personal injury or property damage. By contrast, criminal cases involve misdemeanors or felonies committed against the state. Five major differences between the two entities are listed below:
#1 Who Files the Case?
Criminal cases, such as murder cases, are prosecuted by the state. The offender has offended the state. Therefore, the persecutor acts on behalf of the state and files the case in court for criminal offenses. Although the offender may have wronged another individual in a criminal case, he has also committed a crime against the state, so there is a need for criminal proceedings. Civil cases are filed when the offense is against an individual who seeks restitution or compensation to right the wrongs done to him (or her) by the defendant. The plaintiff files a civil lawsuit against the defendant, often with the help of a hired attorney.
#2 Burden of Proof
The standard of proof is lower for civil cases. While criminal cases must be proven beyond a reasonable doubt, civil cases follow standards like the preponderance of the evidence. In other words, if something seems more likely to have happened a certain way than not, the case is proven. The criminal defendant is entitled to an attorney, and the state must provide one he/she cannot afford one. In civil cases, the defendant must provide their own representation. The differences in standards of proof exist because civil cases are considered less blameworthy and the punishments less severe.
#3 Legal Protections
The defendants in criminal cases are afforded many protections under law, such as the protection against illegal searches and seizures. Those same protections are not available to defendants in civil cases.
#4 Jury or Judge?
Many civil cases are decided by a judge, although juries may be involved in some civil cases. Criminal cases are almost always tried by juries, per the Bill of Rights and trial by jury.
#5 The Punishment
Criminal cases have jail and prison sentences and potentially even death depending on the state as a potential punishment. In civil cases, the punishment usually only involves monetary payment for damages, though other types of restitution are ordered as well.
Conclusion
Perhaps the most notable difference between the civil and criminal law is that with criminal cases, a defendant is brought up on charges, while an individual files a lawsuit against another individual/company in civil cases. Criminal offenses are harder to prove than civil cases; however, the same conduct that leads to a criminal case can prove a civil case. If a criminal is not found guilty beyond reasonable doubt in a criminal trial, they could still be proven guilty in a civil case for the same conduct. The laws, proceedings, and punishments for criminal cases and civil cases differ significantly.
Sources
“Civil Law vs Criminal Law.” (n.d.). Diffen.com. Diffen LLC.
Reuters, T. (2017). The differences between a criminal case and a civil case.
5 Idiosyncrasies of US Law
US law is unique when compared to many other legal systems around the world. This fact is mostly attributed to some very defining precedents that have been made by the courts since the country’s founding. Below are five things that the US does that many other legal systems do not.
Adversarial
The US legal system is described as adversarial. This means that the system does not seek the truth. Instead, it looks at who is more right than the other. When evidence is presented, it’s chosen based on how strong it will make the case. Additionally, defendants are rarely allowed to testify in court, which prevents them from being cross-examined. They opt for self-preservation instead of potentially bringing the whole truth of a case to light.
Class Actions
Class actions and torts are commonly referred to as second-order cases. While most other countries dismiss these types of cases in short order, the US entertains them, making it very different from many other countries around the world. Class actions happen when a group of people with similar issues with a product or company sue the defendant as a group. These types of cases have been very lucrative in the past and still occasionally are, though they’re usually better for the law firms representing the group than for the individuals in the group.
Education
Another thing that sets the US apart from other countries in the world is the education necessary to get a law degree. Those wishing to study law cannot jump right into a law program. They have to get another degree before taking the LSAT, and spend another 3 years at an accredited school, after which they can get a Juris Doctor degree. Then, they must pass the bar exam and be admitted to the bar to practice law. Most states only allow those who have passed the bar in that state to practice law in that state. Once you pass the bar, you can practice in any field you want.
Basis of Guilt
One of the main tenants in criminal cases is that the defendant must be proven to be guilty beyond a reasonable doubt to be convicted. The prosecution has the burden to prove to the judge or jury that the defendant committed the crime. If they can’t, the person walks free. While this makes it harder for innocent people to be convicted wrongfully, it also means that some people guilty of heinous crimes walk free as well. Should new evidence come to light later that proves the defendants’ guilt, the court can’t re-try the case because of double jeopardy.
Evidence
Past cases set a variety of precedents that limit what evidence is admissible in courts against criminal defendants. Documents, testimony and tangible evidence are generally admissible, though if evidence is gathered via illegal methods, it’s inadmissible, meaning that it cannot be used. Because of this, criminal cases are generally more dependent on the skills of the lawyer rather than justice itself.